Ungrateful friend won't leave

Christine Miller said:
Can I take the food she has in my fridge out so I can put my food in there? Can I take my stuff out of my house, like my couches if I want to if that's where she sleeps
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Yes, and yes. Although if she wanted to make an issue of it she could hold you responsible for the value of the food. It is likely a petty amount not worth worrying about.
Before removing it, maybe give her one last chance to remove it herself.

She has no right to your couch. You can sell it, send it out to be reupholstered, or simply put it in storage. It's none of her business.
 
It hadn't occurred to me that the woman's daughter might be a minor.
How many of her kids stay with you and how old are they?
Where is their father?
 
mightymoose said:
Yes, and yes. Although if she wanted to make an issue of it she could hold you responsible for the value of the food. It is likely a petty amount not worth worrying about.
Before removing it, maybe give her one last chance to remove it herself.

She has no right to your couch. You can sell it, send it out to be reupholstered, or simply put it in storage. It's none of her business.
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Ahh, I see you are in favor of constructive eviction. The OP will do well to ignore your advice in favor of a local attorney.
 
Zigner said:
Ahh, I see you are in favor of constructive eviction. The OP will do well to ignore your advice in favor of a local attorney.
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This is not at all an example of constructive eviction. That applies to circumstances where the landlord is obligated to provide something.
A couch is not one of those things, unless perhaps the agreement is for a furnished space.
Both actions can be taken without consequence, except maybe a minor spat over a few dollars worth of groceries.
 
Zigner said:
I'm sorry that you don't understand the law in California. You've got the right idea, but your suggestion for execution simply sucks.
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I respect your right to disagree. I certainly don't respect your attitude though. Things sure have gotten nasty around here lately.
 
mightymoose said:
This is not at all an example of constructive eviction. That applies to circumstances where the landlord is obligated to provide something.
A couch is not one of those things, unless perhaps the agreement is for a furnished space.
Both actions can be taken without consequence, except maybe a minor spat over a few dollars worth of groceries.
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The OP acknowledges allowing the OP to sleep on the couch. Taking the couch (and not replacing it) is no different from taking away a bed that had been provided.
 
Zigner said:
The OP acknowledges allowing the OP to sleep on the couch. Taking the couch (and not replacing it) is no different from taking away a bed that had been
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mightymoose said:
Yes, and yes. Although if she wanted to make an issue of it she could hold you responsible for the value of the food. It is likely a petty amount not worth worrying about.
Before removing it, maybe give her one last chance to remove it herself.

She has no right to your couch. You can sell it, send it out to be reupholstered, or simply put it in storage. It's none of her business.
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So update on the situation. Yesterday I finally called police and while they could not tell her to leave ,they strongly suggested that she leaves after seeing the way she was acting. Now I have another problem. The police told her when she was ready to come back and get the rest of her belongings she/me to call police to be there for peace keeper. I went to work and I got a text from my boyfriend that she and at least one other person was in the apt. My boyfriend is recovering from back surgery and can't move around much. By the time he got up and to the living room they left. She took some of her stuff and she took my belongings as well without permission. Can I change my locks if some of her stuff still here?
 
Don't change the locks unless you want to risk her suing you, or even forcing entry and causing damage you know she won't pay for. I suspect she is not likely to sue you over the eviction, but she can cause more problems.

If she took valuables request their return then report them as stolen if she fails to do so. While she does have some access to the house (for now), she is not free to take things that don't belong to her.

If they items aren't that valuable maybe just take the loss and be done with her. She probably isn't worth any more hassle than you've already been through.

From your pussry I suspect she must have been showing symptoms of being under the influence when the police were present. If she knows you are going to call police when she is high she will probably stop coming around.
 
Christine Miller said:
So update on the situation. Yesterday I finally called police and while they could not tell her to leave ,they strongly suggested that she leaves after seeing the way she was acting. Now I have another problem. The police told her when she was ready to come back and get the rest of her belongings she/me to call police to be there for peace keeper. I went to work and I got a text from my boyfriend that she and at least one other person was in the apt. My boyfriend is recovering from back surgery and can't move around much. By the time he got up and to the living room they left. She took some of her stuff and she took my belongings as well without permission. Can I change my locks if some of her stuff still here?
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You call the police and report the theft.
 
mightymoose said:
Don't change the locks unless you want to risk her suing you, or even forcing entry and causing damage you know she won't pay for. I suspect she is not likely to sue you over the eviction, but she can cause more problems.

If she took valuables request their return then report them as stolen if she fails to do so. While she does have some access to the house (for now), she is not free to take things that don't belong to her.

If they items aren't that valuable maybe just take the loss and be done with her. She probably isn't worth any more hassle than you've already been through.

From your pussry I suspect she must have been showing symptoms of being under the influence when the police were present. If she knows you are going to call police when she is high she will probably stop coming around.
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So update on the situation. She has not come back for the rest of her belongings. I told her she has to give me a day and time so I can have a policeman here and have not heard back. It's been a week as of today. How long do I have to keep her stuff?
 
Christine Miller said:
So update on the situation. She has not come back for the rest of her belongings. I told her she has to give me a day and time so I can have a policeman here and have not heard back. It's been a week as of today. How long do I have to keep her stuff?
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How much stuff is it? A suitcase of cloths and personal grooming items? Or large things such as beds and dressers?
 
By the way you described her occupancy I would expect she didn't leave much behind. The safest option for you is to pack it up safely and store it in your garage or somewhere out of the way. If her daughter is still there with you then I expect you will have contact at some point and opportunity to return it.
However, the state Civil Code specifies the obligations you have regarding the property. It really isn't worth getting in to of you aren't holding valuables or a large amount of property.
 
justblue said:
How much stuff is it? A suitcase of cloths and personal grooming items? Or large things such as beds and dressers?
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A couple of plastic bins pillows and blankets
mightymoose said:
By the way you described her occupancy I would expect she didn't leave much behind. The safest option for you is to pack it up safely and store it in your garage or somewhere out of the way. If her daughter is still there with you then I expect you will have contact at some point and opportunity to return it.
However, the state Civil Code specifies the obligations you have regarding the property. It really isn't worth getting in to of you aren't holding valuables or a large amount of property.
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It's a plastic totem pillows and blankets and a lot of her daughter stuff, I don't want to throw her daughter stuff away that not her fault. If I end up moving before she comes back do I leave it somewhere?
 
Christine Miller said:
If I end up moving before she comes back do I leave it somewhere?
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Depends on how much time passes between now and then. It sounds like something simple enough to store out of the way for now.
Is her daughter still with you? If so I expect you will have opportunity to give her the leftover junk.
 
mightymoose said:
Depends on how much time passes between now and then. It sounds like something simple enough to store out of the way for now.
Is her daughter still with you? If so I expect you will have opportunity to give her the leftover junk.
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No her daughter went to her grandmother's house. It's been a week with no contact. The stuff is out of the way, I'm more concerned with me moving and her stuff here I don't want to leave the stuff for my manager to deal with
 
Do you know where the grandmother's house is? It may be easier for you to take it there than to wait for her to get around to coming to you.
If there are no valuables I wouldn't worry much about the legalities of it all. Just do your best to make it available to her.
 
mightymoose said:
Do you know where the grandmother's house is? It may be easier for you to take it there than to wait for her to get around to coming to you.
If there are no valuables I wouldn't worry much about the legalities of it all. Just do your best to make it available to her.
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I do know where she lives and I will contact her
 

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